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Joe Dale Bond v. State of Texas

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In The Eleventh Court of Appeals

ORDER

Upon reviewing the clerk’s record in this cause, it appears that Joe Dale Bond has filed a premature pro se notice of appeal from the trial court’s “order to withdraw funds” from Bond’s inmate trust account. That document is not a final appealable order. See Harrell v. State, 286 S.W.3d 315, 316 n.1, 321 (Tex. 2009) (“withdrawal order” is actually a notification from the court, not an order; inmate entitled to an opportunity to be heard on his post-notification motion); Webb v. State, 324 S.W.3d 229 (Tex. App.–Amarillo 2010, no pet.); Ramirez v. State, 318 S.W.3d 906 (Tex. App.–Waco 2010, no pet.). However, at the same time he filed the notice of appeal, Bond also filed in the trial court a motion to strike the order to withdraw inmate funds. An order ruling on that motion would be appealable. See Harrell, 286 S.W.3d 315. Therefore, we abate this appeal to give Bond an opportunity to be heard on his motion and to give the trial court an opportunity to enter a ruling on the motion to strike and thereby enter an appealable order. See Webb, 324 S.W.3d 229 (abating similar case for the entry of an appealable order).

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